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LIVINGSTON v. STATE

No. 52139.

542 S.W.2d 655 (1976)

James LIVINGSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 6, 1976.

Attorney(s) appearing for the Case

Bob Hillin, Dallas, on appeal only, for appellant.

Tom O'Connell, Dist. Atty., Howard Shapiro and Barry Elliott, Asst. Dist. Attys., McKinney, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the offense of capital murder, wherein the punishment was assessed at death. See V.T.C.A., Penal Code, Sec. 19.03, and Article 37.071, Vernon's Ann.C.C.P.1

The case was tried in Dallas County following a change of venue from Collin County. After trial and entry of judgment, the cause was transferred back to Collin County, without objection, for the...

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